Tanggung Jawab Agen Asuransi terhadap Penyimpangan Tugas Pokok Agen dalam Pemasaran Produk Asuransi Jiwa di PT AXA Financial Indonesia Cabang Medan

Abstract

Insurance is a form of risk mitigation, where the insurance company becomes the guarantor who bears the transfer of losses from the policyholder and/or the insured. The insurance company itself is a non-bank financial services institution that aims to increase individual awareness of the need for insurance, which is generally represented by marketers or agents to approach and educate the public. However, based on data from the Financial Services Authority, in 2022 there were 1,291 complaints related to insurance in Indonesia, which were caused by deviations from the agent's main duties. This study aims to determine the legal relationship between insurance agents and PT AXA Financial Indonesia, Medan Branch in the agency agreement, then the insurance agent's responsibility for deviations from the agent's main duties in marketing life insurance products from PT AXA Financial Indonesia, Medan Branch, and efforts to resolve deviations from responsibility for the agent's main duties in marketing life insurance products carried out by insurance agents by PT AXA Financial Indonesia, Medan Branch. This research is a type of normative legal research supported by interview results. The approaches used in this study are the legislative approach, conceptual approach, and case approach using secondary data. The data analysis in this study uses a qualitative method. The results of this study found that the existence of a legal relationship between insurance agents and insurance companies, which is stated in the agency agreement, is a form of power of attorney, which means that insurance agents are considered representatives of insurance companies to market insurance products to the public. Then, In this study it was also found that the responsibility of insurance agents for deviations from their main duties has been regulated in laws and regulations and POJK related to insurance. This study also found that efforts to resolve deviations from responsibility for the agent's main duties by insurance agents can be in the form of criminal sanctions and/or administrative sanctions.